Senate Study Bill 1121 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SODDERS) A BILL FOR An Act relating to the possession of marijuana, and providing 1 a penalty. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1927XC (2) 86 jm/nh

S.F. _____ Section 1. Section 124.401, subsection 5, Code 2015, is 1 amended to read as follows: 2 5. It is unlawful for any person knowingly or intentionally 3 to possess a controlled substance unless such substance was 4 obtained directly from, or pursuant to, a valid prescription 5 or order of a practitioner while acting in the course of the 6 practitioner’s professional practice, or except as otherwise 7 authorized by this chapter . Any Except as otherwise provided 8 in this subsection, any person who violates this subsection 9 is guilty of a serious misdemeanor for a first offense. A 10 person who commits a violation of this subsection and who has 11 previously been convicted of violating this chapter or chapter 12 124A , 124B , or 453B is guilty of an aggravated misdemeanor. 13 A person who commits a violation of this subsection and has 14 previously been convicted two or more times of violating this 15 chapter or chapter 124A , 124B , or 453B is guilty of a class “D” 16 felony. 17 a. (1) If Except as provided in subparagraph (4), if the 18 controlled substance is marijuana, the punishment shall be by 19 imprisonment in the county jail for not more than six months or 20 by a fine of not more than one thousand dollars, or by both such 21 fine and imprisonment for a first offense. 22 (2) If the controlled substance is marijuana and the person 23 has been previously convicted of a violation of this subsection 24 in which the controlled substance was marijuana, the punishment 25 shall be as provided in section 903.1, subsection 1 , paragraph 26 “b” . 27 (3) If the controlled substance is marijuana and the person 28 has been previously convicted two or more times of a violation 29 of this subsection in which the controlled substance was 30 marijuana, the person is guilty of an aggravated misdemeanor. 31 (4) If the controlled substance is five grams or less of 32 marijuana and subparagraphs (2) and (3) do not apply, the 33 person is guilty of a simple misdemeanor. 34 (5) A person may knowingly or intentionally recommend, 35 -1- LSB 1927XC (2) 86 jm/nh 1/ 3

S.F. _____ possess, use, dispense, deliver, transport, or administer 1 cannabidiol if the recommendation, possession, use, dispensing, 2 delivery, transporting, or administering is in accordance with 3 the provisions of chapter 124D . For purposes of this paragraph 4 subparagraph , “cannabidiol” means the same as defined in section 5 124D.2 . 6 b. All or any part of a sentence imposed pursuant to 7 this subsection may be suspended and the person placed upon 8 probation upon such terms and conditions as the court may 9 impose including the active participation by such person in a 10 drug treatment, rehabilitation or education program approved 11 by the court. 12 c. If a person commits a violation of this subsection , the 13 court shall order the person to serve a term of imprisonment of 14 not less than forty-eight hours. Any sentence imposed may be 15 suspended, and the court shall place the person on probation 16 upon such terms and conditions as the court may impose. If 17 the person is not sentenced to confinement under the custody 18 of the director of the department of corrections, the terms 19 and conditions of probation shall require submission to random 20 drug testing. If the person fails a drug test, the court may 21 transfer the person’s placement to any appropriate placement 22 permissible under the court order. 23 d. If the controlled substance is amphetamine, its salts, 24 isomers, or salts of its isomers, or methamphetamine, its 25 salts, isomers, or salts of its isomers, the court shall order 26 the person to serve a term of imprisonment of not less than 27 forty-eight hours. Any sentence imposed may be suspended, 28 and the court shall place the person on probation upon such 29 terms and conditions as the court may impose. The court may 30 place the person on intensive probation. However, the terms 31 and conditions of probation shall require submission to random 32 drug testing. If the person fails a drug test, the court may 33 transfer the person’s placement to any appropriate placement 34 permissible under the court order. 35 -2- LSB 1927XC (2) 86 jm/nh 2/ 3

S.F. _____ EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill relates to the possession of marijuana. 4 The bill provides that a person who possesses five grams 5 or less of marijuana commits a simple misdemeanor for a first 6 offense. A simple misdemeanor is punishable by confinement for 7 no more than 30 days or a fine of at least $65 but not more than 8 $625 or by both. 9 Current law provides that a person who commits first 10 offense possession of marijuana commits a serious misdemeanor 11 punishable by confinement for not more than six months or by 12 a fine of not more than $1,000 or by both. The bill does not 13 modify the penalty for second offense possession of marijuana 14 which is punishable by confinement for no more than one year 15 and a fine of at least $315 but not more than $1,875. The bill 16 also does not modify the penalty for a third or subsequent 17 possession of marijuana offense which is punishable by 18 confinement for no more than two years and a fine of at least 19 $625 but not more than $6,250. 20 -3- LSB 1927XC (2) 86 jm/nh 3/ 3